Last Updated and Effective: August 8, 2024
THIS WEBSITE IS OWNED AND OPERATED BY AMIKA, LLC AND ITS ASSOCIATED LEGAL ENTITIES. PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, OUR MESSAGING TERMS AND CONDITIONS, AND ANY OTHER APPLICABLE TERMS RELATING TO PROGRAMS WE OFFER BEFORE USING WWW.LOVEAMIKAPRO.CA AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AND OTHER LIMITATIONS OF YOUR RIGHTS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.
By checking the box indicating acceptance of these Terms, you agree to these Terms and any amendments hereto that may be published from time to time on the Site, each of which is incorporated by reference. You also agree that you are using this Site in your capacity as a professional and not for your personal use. You acknowledge that the services and products provided are for professional purposes only.
BY CHECKING THE BOX INDICATING ACCEPTANCE OF THESE TERMS, YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE, AS STATED FULLY IN THE “DISPUTE RESOLUTION” SECTION BELOW.
Amika refers to Amika, LLC, and is referred to herein as “Amika,“ “we,” or “our”.
“Content” means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States, Canada, and foreign countries and that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying Content on the Site.
“Distributor” means any intermediary entity between Amika, the supplier of professional products, and the end consumer in the professional distribution channel.
“Site” means the website www.loveamikapro.ca, including all subdomains and subparts, as well as our social media accounts on Facebook, Instagram, YouTube, Google, Pinterest, and TikTok, and X, and other platforms and applications for mobile, tablet, and other smart devices and application programs.
“Terms” refers to the terms and conditions of these Terms of Use, along with our Privacy Policy, our Messaging Terms and Conditions, and any other applicable terms relating to programs we offer, which are expressly incorporated herein by reference.
“User” means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any services or products from the Site for professional and commercial use, and whether an individual or corporation is referred to herein as “User” or “you.”
“User Content” refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.
You may use the Site only if you are eighteen (18) years or older (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age) and capable of forming a binding contract with us and are not barred from using the Site under any applicable law. As long as you comply with these Terms, you may view and use our Site for your education and commercial purposes related to your stylist and salon work. NO OTHER USE OF THE SITE IS AUTHORIZED AND THE SITE MUST NOT BE USED FOR PERSONAL CONSUMER USE.
These Terms and any action or proceeding relating thereto will be governed by the laws of the State of New York. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.
We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Your continued use of the Site will constitute your acceptance of the then current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and Amika will be applied.
You may choose to register an account with Amika via the Site to access certain services. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your use only. You are responsible for maintaining the confidentiality of your account and password and for restricting access to them, and you agree to accept responsibility for all activities that occur under your account or password.
In addition to all other rights available to Amika, including those set forth in these Terms, we reserve the right, in our sole and absolute discretion, to terminate your account or your use of the Site, block or prevent future access to and use of the Site, refuse service to you, or cancel your product orders if you violate any of these Terms or for any other reason. Upon notice to you of any such termination, your right to use the Site will immediately cease.
Users of the Site should refer to our Privacy Policy (as may be updated from time to time) for information about how we collect, use, and disclose personal information, which may be accessed by clicking on the following link: https://loveamikapro.ca/pages/privacy-policy. By agreeing to our Privacy Policy, you consent to our, and our Distributors, collection, use, and disclosure of your personal information as described in our Privacy Policy, incorporated into these Terms by reference as if fully re-written herein.
You must only use this Site for lawful and commercial purposes, and you must not use it in any way that infringes or violates the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not, without our written consent: (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree not to do any of the following:
By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site. To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site. We have the right to remove any User Content or posting you make on the Site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.
If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, “you” or “your” will refer and apply to that company or other legal entity.
By providing any User Content to or through the Site, you grant Amika and our licensees, successors, and assigns the right to a perpetual, revocable, non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, reproduce, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content for any purpose, including operating and providing services and products to you and/or other Users, and also in connection with advertising of our services and products. You also agree that your User Content may be treated as non-confidential and non-proprietary and will not be returned to you, except as otherwise described in the Privacy Policy.
In the event you upload any User Content to the Site, we have the right to use any such User Content as we, in our sole discretion, see fit without further consent by, or payment to, you including in connection with any of our advertising, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world. By uploading User Content to the Site, you agree to grant Amika the right to use your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.
We may alter, modify, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. Upon request, you will furnish Amika with any and all documentation, substantiation, or releases necessary to verify your compliance with these provisions. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.
You are responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights necessary to grant Amika the license rights in your User Content under these Terms, and that your User Content complies with applicable laws and regulations. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Amika on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will defend, fully indemnify for all costs, damages and fees, and further hold harmless Amika, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to: (i) your access to or use of the Site or Content; (ii) your User Content; (iii) your violation of these Terms or any applicable law, including any infringement by you of any intellectual property rights owned by Amika or any third party; and (iv) any and all activities that occur under or in connection with your account, username, and/or password for this Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with Amika in any investigation and/or litigation concerning the matter.
The following provisions apply to users of Amika’s mobile applications (each, an “Application”):
If you download and/or use our Application(s) for iPhone or iPad, these Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula). For purposes of these Terms, the Application is considered the “Licensed Application” as defined in the LAEULA and we are considered the “Application Provider” as defined in the LAEULA. If any of these Terms conflict with the terms of the LAEULA, these Terms shall control.
The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for a suitable device and such additional services, including, without limitation, all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including, without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates from Amika, your mobile carrier, or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including, but not limited to, payment of all third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. We make no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application or other third party service providers charge a fee for the services or products they provide, you agree to pay such fees to the respective party in exchange for your continued use of such services or products. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Some features of the Application may make use of geolocation information, for example in the form of GPS signals and other information sent by your mobile device on which the Application is installed and activated. These features cannot be provided without utilizing this technology.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Application you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a state sponsor of terrorism; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The Site, including all of the Content and organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to same (the “Materials”), is the sole and exclusive property of Amika and protected by applicable copyright, trademark, other proprietary rights, and other laws of the United States, Canada, and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and services and products available through the Site.
Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written consent or that of any third-party copyright owner: (i) copy, upload, publish, post, submit, or transmit any Materials on any computer network or broadcast or publications media; (ii) modify the Materials; or (iii) remove or alter any copyright or other proprietary notices contained in the Materials. You also may not: (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, or copyright rights, or in the proprietary rights of any third party.
All trademarks not owned by Amika that are made available by and through the Site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Amika. These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written consent. Any other names and brands on the Site may be claimed as the property of others.
Copyright in any manual, sales documentation, technical description, and other documents that may be supplied by Amika under or in connection with your purchase(s) and any and all intellectual property rights, title, and interest in and to the formulation or design of Amika’s services or products, or any part thereof, whether such formulation or design is registered or not, shall vest in Amika absolutely. Any data, patent, industrial design, copyright, proprietary right, or confidentiality, know-how, trademark, or process with respect to Amika’s services or products is the proprietary information (“Proprietary Information”) of Amika and its third-party vendors (as the case may be). You agree that you shall not, without Amika’s prior written consent, use or disclose the Proprietary Information to any third-party for any reason other than that third-party’s personal use of Amika’s services or products. You also agree that you shall not use or provide Amika’s products to any third-party or other entity to reverse engineer or disassemble Amika’s products or any part thereof to create or derive any Amika or third-party intellectual property.
It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by Users who appear to infringe the intellectual property or other rights of others.
In the United States, we comply with the Digital Millennium Copyright Act (“DMCA”). If you believe we or any User of the Site has infringed your copyright in any material way, please notify Amika, and provide the following:
Please direct inquiries regarding intellectual property infringement issues by email to info@loveamikapro.ca, by phone at (866) 833-3444, or by writing to Amika, 300 Meserole Street, #3, Brooklyn, New York 11206.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any potentially infringing material. If a dispute develops as to the correct owner of the rights in question, we may in our sole discretion, remove the applicable material along with that of the alleged infringer pending resolution of the matter. We have an absolute right to remove any such User Content or other material from the Site in our sole discretion at any time.
The Site may contain links to third party websites or services and advertisements for third parties (collectively, the “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under our control and we are not responsible for any Thirty Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and are not responsible for the content, services, or products on or available from those Third Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third Party Sites & Ads.
The inclusion of a hyperlink to Third Party Sites & Ads does not imply affiliation, endorsement, or adoption by Amika of the Third Party Sites & Ads or any services, products, or information contained therein.
Sadly, we cannot accept any returns or exchanges for products redeemed on loveamikapro.ca. All sales are full and final.
We have taken reasonable precautions to ensure that all product descriptions, prices, and other Content on the Site are correct and fairly described. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor or screen and other factors associated with the device you use to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor or screen will be accurate or that other Site content does not contain inadvertent mistakes or errors. By placing an order on this Site, you are making an offer to Amika. Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to not accept the offer if there has been a material error in the description of the product, or if the price advertised is incorrect. All prices are displayed in points.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your name, account information, and shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY ACCOUNT OR POINTS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Amika the right to receive or provide such information from or to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, Content, specifications, services, products, and prices of services and products described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any services or products on the Site does not imply or warrant that these services or products will be available.
It is your responsibility to ascertain and obey all applicable local, state, provincial, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order through the Site, you represent that the services and products ordered will be used only in a lawful manner and consistent with the purposes for which any products purchased are intended to be used. We may, in our sole discretion, with or without prior notice, do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect at the time of the Transaction, including all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
The Friends With Benefits+ Salon Loyalty Program (the “Program”) allows you to earn points based on bi-monthly purchases reported by your primary Distributor. The Program is intended for professional and commercial use only and not for personal use. You may redeem these points for merchandise rewards from the Site ("Rewards"). To sign up for the Program, please go to www.loveamikapro.ca and follow the prompts.
Your participation in the Program is subject to these Terms and any changes thereto. By joining the Program, you consent to receive promotions and other information about offers to the email provided when you join. Additionally, you consent to your purchase totals and account number being disclosed by your primary Distributor. If you no longer want to receive promotional emails from us, you can update your email preferences by clicking on the “unsubscribe” link in our emails to unsubscribe. You may not be able to receive some of your Rewards if you unsubscribe. We may, in our sole discretion, terminate your participation at any time without notice. If we do so, you will not be able to earn any further Rewards, but you will be able to use Rewards you have already earned until they expire. You will earn points based on your purchase level per bi-monthly period as reported by your primary Distributor. Your points determine your Rewards levels, but are promotional and have no cash value. Points are valid for 12 months from the date of issuance. Unused points will expire and are unable to be reissued. The Program has six tiers of membership. The Program also includes a tier specifically for a suite customer who is the sole operator and service provider for the salon and who holds the establishment license (the “Salon Suites”). Accounts that do not register as Salon Suites are unable to qualify for the Suite Tier. Rewards are issued on a bi-monthly basis and accounts will not receive rewards for the periods they do not qualify.
You may find more information about our Rewards and tiers on the Rewards Details page, which is incorporated into these Terms. We reserve the right to change the Program Rewards, including the earning model, point amounts, other rewards, and eligibility used to determine the Rewards, at any time in our sole discretion. All changes will apply to future orders, including for current members.
The products redeemed from this Site are for rewards redemption and not intended for resale. Reselling Amika products on any unauthorized site or third-party platform is strictly prohibited. You agree that any rewards redeemed are for professional and commercial use only and you will not list Amika products on any unauthorized sites or third-party platforms such as, but not limited to 11 Main, Bonanza, eBay, Mercari, Open Sky, Overstock, Sears Marketplace, Shopzilla, or Walmart Marketplace. Failure to comply may result in termination of your account and future eligibility in Amika professional programs.
EXCEPT IN THE CASE OF PRODUCTS SOLD WITH A WARRANTY OR CONDITION, OUR SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty or condition that the services or products available on the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING ANY SERVICES OR PRODUCTS PROVIDED TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WARRANTIES OR CONDITIONS RELATING TO OUR SERVICES, PRODUCTS, OR CONTENT, THESE TERMS, AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY SERVICES OR PRODUCTS VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR SERVICES OR PRODUCTS PURCHASED VIA THE SITE IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AMIKA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER AMIKA, OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES, PRODUCTS, OR CONTENT ON THE SITE WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY - EVER OUR OWN ACTIVE OR PASSIVE NEGLIGENCE - ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY SERVICES OR PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE SITE; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AMIKA. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO AMIKA FOR ANY SERVICES OR PRODUCTS SUPPLIED BY US THROUGH YOUR USE OF THE SITE OR OTHERWISE.
WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
The terms of this section survive any termination of these Terms.
Notwithstanding anything to the contrary in these Terms, we reserve the right, without notice and in our sole discretion, for any reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.
We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Amika.
AGREEMENT TO INDIVIDUAL ARBITRATION AND WAIVER OF JURY TRIAL
WE EACH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO AMIKA’S SERVICES, PRODUCTS, THESE TERMS, INCLUDING OUR PRIVACY POLICY, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF OR THE USE OF THE SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY CONFIDENTIAL BINDING INDIVIDUAL ARBITRATION, EXCEPT THAT each party retains the right to: (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an “IP Protection Action”)(either of the actions described in the foregoing clauses (i) and (ii) an “Excluded Claim”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in New York, New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL DISPUTES, EXCEPT FOR EXCLUDED CLAIMS, YOU ARE GIVING UP YOUR RIGHTS TO FILE A LAWSUIT IN COURT AND TO A JURY TRIAL. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
WAIVER OF CLASS ACTIONS, CLASS ARBITRATIONS, AND MASS ARBITRATIONS
YOU ACKNOWLEDGE AND AGREE THAT BOTH YOU AND AMIKA MAY PROCEED IN ANY DISPUTE ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR CLASS ARBITRATION. By entering into these Terms of Use, independent of the agreement to arbitrate and waiver of class arbitration, you are giving up the ability to participate in or bring a class action in court for all claims, including but not limited to Excluded Claims. If this waiver of class actions and class arbitrations is deemed unenforceable, neither you nor Amika is entitled to arbitration; instead all Disputes will be resolved in court.
Further, you and Amika waive the right to file any Dispute as part of a Mass Arbitration Filing. A “Mass Arbritration Filing” includes instances in which you or Amika are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Amika’s behalf, and the law fim or collection of law firms seeks to simultaneously arbitrate all arbitration demands. An arbitrator may not arbitrate any Mass Arbitration Filing or consolidate more than one person’s claims, and may not otherwise preside over any form of any mass or representative proceeding. If this waiver of Mass Arbitration Filings is held unenforceable, then neither you nor Amika is entitled to arbitration; instead all Disputes will be resolved in court, subject to the class action waiver agreement noted above. This “Dispute Resolution” section will survive termination of these Terms.
The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the “JAMS Procedures”), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.
Except for Excluded Claims, an arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes relating to Amika’s services and products, as well as all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, the arbitrability of any claim, as well as any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action. New York law applies to any arbitration under these Terms, but we both agree that these Terms should be interpreted and enforced under the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) because they memorialize a transaction in interstate commerce. The sole jurisdiction and venue for any Excluded Claims or any other Dispute for which arbitration is denied for any reason will be an appropriate federal or state court with proper jurisdiction located in the County of New York in the State of New York.
Prior to initiating an arbitration proceeding, you must first send Amika a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested (“Dispute Statement”). The Dispute Statement to Amika must be emailed to info@loveamikapro.ca. If we are unable to resolve your claim within thirty (30) days, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.
Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then: (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.
The arbitrator’s decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Disclaimer of Warranties,” and “Limitations of Liability” sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Amika will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
We will pay for all JAMS filing, administration, and arbitration fees for any arbitration commenced by Amika pursuant to the terms of this section. Otherwise, you and Amika will share in the arbitration fees according JAMS rules.
The parties agree that any cause of action either may have with respect to the Site or our services, products, and Content must be commenced by submitting a Demand for Arbitration within one (1) year after the day on which the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many provinces’ and states’ laws set statutes of limitations that are longer than one (1) year. If you live in a province or state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are acknowledging the waiver of any such rights you may have and agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to serve and file any Demand for Arbitration under this section, your claim will be barred and you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.
The terms of this Dispute Resolution section survive any termination of these Terms.
You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter to Amika, at Amika, 300 Meserole Street #3, Brooklyn, New York, 11206, or by email to info@loveamikapro.ca, within thirty (30) days of your first visit to and use of the Site that specifies your: (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this “Dispute Resolution” section will apply.
Notwithstanding the provisions of “Changes to Terms of Use” section above, if Amika changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may opt out of the updated “Dispute Resolution” section by sending Amika written notice (including by email to info@loveamikapro.ca) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. If you reject any updated “Dispute Resolution” section, we will arbitrate any Dispute between you and Amika in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted the “Dispute Resolution” section of these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Amika and you regarding the Site, Content, services, and products that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Amika regarding the Content, services, or products provided on the Site. If, for any reason, any provision of these Terms is deemed to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Amika under these Terms, including those regarding modifications to these Terms, will be given: (i) by Amika via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date we transmit such notice.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Amika. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Amika, and you do not have any authority to create any obligation on our behalf.
If you have any questions about these Terms, please contact Amika at: Amika, 300 Meserole Street #3, Brooklyn, New York, 11206 or info@loveamikapro.ca.
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